DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kluge et al., US-PGUB 2010/0167662 (hereinafter Kluge) in view of Lorentz et al., US-PGPUB 2023/0176938 (hereinafter Lorentz)
Regarding Claim 1 and 11. Kluge discloses estimating an operating parameter (Fig. 1, Paragraph [0076], time synchronization of measurements to identify phase error, distances) of a remote reference oscillator on a remote platform (Fig. 1, Paragraph [0074], a second oscillator 210; a second node B) relative to a local reference oscillator on a local platform (Fig. 1, Paragraph [0071], a first oscillator 110, first node A), both platforms moving independently (Paragraph [0005], movement of the nodes), comprising:
generating a local reference frequency flocal on the local platform using the local reference oscillator (Fig. 1, Paragraph [0076], first reference frequency of the first reference oscillator 110, f(XOSC1) is flocal), generating a transmitted signal having a transmitted frequency ftx,local based at least in part on flocal (Fig. 1, Paragraph [0077], frequency of RF2), sending the transmitted signal having the frequency ftx,local to the remote platform (Figs, 2a-2b; Paragraph [0077], transmission frequency fTX set to the channel frequency fch; Paragraph [0080], node A transmits unmodulated first carrier signal RF1 in the transmission mode RX) where it is received as a received signal, having a received frequency frx,remote by the remote platform (Fig. 1, Paragraph [0080], second node B receiving RF1 sent by the first node A as a receive mode RX), where the received frequency frx,remote relatable to the reference frequency fremote of the remote reference oscillator (Paragraph [0074], Fig. 1, RF1 relatable to reference oscillator 210 in node B),
generating a remote reference frequency fremote on the remote platform using the remote reference oscillator (Fig. 1; Paragraph [0075], second node B generates a second reference frequency f(XOSX2) of a second reference signal XOSC2 using oscillator 210), generating a transmitted signal having the frequency ftx,remote remote based at least in part on fremote (Paragraph [0080], transmits an unmodulated signal RF2), sending the transmitted signal having the frequency ftx,remote, to the local platform (Paragraph [0080], second node B transmits an unmodulated second carrier signal RF2), where it is received as a received signal having a received frequency frx,local by the local platform (Paragraph [0080], first node A receiving RF2) and where the received frequency frx,local is relatable to the reference frequency flocal of the local reference oscillator (Fig. 1, RF2 relatable to reference oscillator 110),
determining, by the local platform, frequency of transmission FoTlocal of the locally transmitted signal having the frequency ftx,local and a frequency of arrival FoAlocal of the locally received signal having received frequency frx,local, FoTlocal and FoAlocal measured with respect to the local reference oscillator flocal (Paragraph [0080], transmission frequency fTX), determining, by the remote platform, a frequency of transmission FoTremote of the remotely transmitted signal having the frequency, and a frequency of arrival FoAremote of the remotely received signal having the received frequency frx,remote, FoT remote and FoA remote being measured with respect to the remote reference oscillator fremote (Paragraph [0080], transmission frequency fTX; Fig. 2), collecting the information determined by the local platform FoTlocal and FoAlocal (Paragraphs [0073], SV1 and RF2) and the information determined by the remote platform FOTremote and FOAremote (SV2 and RF1) in a common location (Paragraphs [0073], SV1 and RF2 in a second node B, [0075], SV2 and RF1 in first node A), estimating the operating parameter between the reference oscillators flocal and fremote from FoTlocal, FOAlocal, FOTremote, and FOAremote (Fig. 2a, Paragraph [0084], phase error between measurements times t1 and t2, and t3 and t4, and subtraction from one another, and Abstract, distance measurement from the difference in frequency),
Kluge does not disclose the operational parameter is one or more of slant-range velocity, fractional frequency or relative gravitational redshift, and controlling one or both of the local platform or the remote platform based on the operational parameter; the controlling including one or more of controlling oscillator frequency, performing synchronization between the local platform and the remote platform, or controlling navigation of one or both of the local platform or the remote platform.
Lorentz disclose phase differences between the main and the reference oscillators, phase differences and estimating fractional frequency difference, and controlling one or both of the local platform or the remote platform based on the operational parameter; the controlling including one or more of controlling oscillator frequency, performing synchronization between the local platform and the remote platform, or controlling navigation of one or both of the local platform or the remote platform (Paragraphs [0013], [0041]-[0057], fractional frequency and controlling the main oscillator or controlling the frequency of the oscillator; [0014]-[0017])
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Lorentz in Kluge and estimate the operational parameter, wherein the operational parameters are one or more of slant-range velocity, fractional frequency or relative gravitational redshift, and control one or both of the local platform or the remote platform based on the operational parameter, the controlling including one or more of controlling oscillator frequency, performing synchronization between the local platform and the remote platform, or controlling navigation of one or both of the local platform or the remote platform, and thereby efficiently address problems with the oscillators and optimally operate the platforms.
Response to Arguments
Applicant's arguments filed 06/24/2026 have been fully considered but they are not persuasive.
Applicant argues that Kluge fails to measure the “relative frequency” and “frequency” and instead measures the relative phase. In Response, the Examiner respectfully disagrees and state that the claims do not recite measuring any “relative frequency”. Having said that, in measuring the phase, the frequency is also measured, as measuring the phase is fundamentally tied to the measurement of the frequency.
Applicant also argues that Lorentz does not disclose determining a frequency of transmission or frequency of arrival, and does not disclose exchanging such frequency information between platforms and estimating an operating parameter between a local oscillator and a remote oscillator, and that the combination of the prior art is improper and/or relies on impermissible hindsight, as well as non-analogous art.
In Response, the Examiner respectfully disagrees. Foremost, Lorentz disclose phase differences between the main and the reference oscillators, and determining one of three recited operational parameter, specifically “estimating fractional frequency difference”, and controlling one or both of the local platform or the remote platform based on the operational parameter; the controlling including one or more of controlling oscillator frequency, performing synchronization between the local platform and the remote platform, or controlling navigation of one or both of the local platform or the remote platform (Paragraphs [0013], [0041]-[0057], fractional frequency and controlling the main oscillator or controlling the frequency of the oscillator; [0014]-[0017]). Kluge, meanwhile, discloses distance measurement using crystal oscillator and phase and frequency differences. As such, Lorentz is an analogous art, as it is reasonably pertinent to the problem faced by the inventor (see MPEP 2141.01 (a)). There is also no impermissible hindsight, and the rejection based on Kluge and Lorentz is proper, as the rejection does not include knowledge gleaned only from Applicant’s disclosure. (see MPEP 2145, section x, “any judgment on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper.). For these reasons, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HYUN D PARK whose telephone number is (571)270-7922. The examiner can normally be reached 11-4.
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/HYUN D PARK/Primary Examiner, Art Unit 2857
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